Parental Leave Up to 18 Months in Korea: Extension Rules, Benefits & Application Guide for Foreign Workers

Parental Leave Can Be Used for Up to 18 Months

Many people believe parental leave (육아휴직) is limited to 1 year, but as of 2026, the proviso of Article 19, Paragraph 2 of the Act on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등과 일·가정 양립 지원에 관한 법률, hereinafter "the Equal Employment Act") allows eligible workers to extend parental leave to a maximum of 18 months.

Note: The statutory entitlements described in this article represent the legal minimum. Your employment contract or collective agreement may provide more favorable terms.


Requirements to Extend to 18 Months

The basic parental leave period is 1 year per child. The additional 6 months may be used in the following cases:

The specific requirements are set out in the Enforcement Decree of the Equal Employment Act, so it is important to confirm with your employer or the nearest Employment Center (고용센터) whether your situation qualifies before applying.


Relationship Between Extended Parental Leave and Reduced Working Hours for Child-Rearing

If you convert unused parental leave into reduced working hours for child-rearing (육아기 근로시간 단축), you may use the remaining period at double the length under Article 19-2, Paragraph 4 of the Equal Employment Act (남녀고용평등법 제19조의2 제4항). However, there is an important caveat.

According to the Ministry of Employment and Labor's administrative interpretation issued in June 2025, the additional 6-month extension of parental leave is not included in the calculation for extending reduced working hours. The extension of reduced working hours is based solely on the unused portion of the basic 1-year parental leave. For example, if you used only 6 months of the basic 1-year entitlement and then converted to reduced hours, the remaining 6 months can be doubled to 12 months of reduced working hours. However, the additional 6-month extension does not add to this calculation.


New from August 2026: Short-Term Parental Leave

From August 20, 2026, a short-term parental leave (단기 육아휴직) system takes effect. It can be used once per year, in units of one week, for a maximum of 2 weeks, in urgent childcare gap situations such as school closures, school holidays, a child's hospitalization due to illness, or quarantine due to infectious disease. Workers who meet the requirements — including an insured unit period of at least 180 days — are also eligible for parental leave benefits (육아휴직급여).

However, the period of short-term parental leave is deducted from the existing parental leave entitlement (1 year or 18 months). It does not increase the overall limit.


Parental Leave Benefit Application Deadline — Do Not Miss It

Parental leave benefits must be applied for within 12 months after the end of parental leave, pursuant to Article 70, Paragraph 2 of the Employment Insurance Act (고용보험법 제70조 제2항). Missing this deadline may result in losing the right to receive benefits.

The Supreme Court (Case No. 2018Du47264) held that this 12-month application period is a mandatory provision, meaning benefits cannot be received once the period has passed. However, different conclusions may be reached in special circumstances, such as split use of parental leave. The Seoul Administrative Court (Case No. 2026Guhap50114) held that if the first period of parental leave was less than 30 days and therefore did not satisfy the benefit eligibility requirements in the first place, the exclusion period cannot begin running from the end date of that leave.

In conclusion, apply for benefits as soon as possible after parental leave ends — this is always the safest approach.


What Happens to Annual Leave?

Under Article 60, Paragraph 6, Item 3 of the Labor Standards Act (근로기준법 제60조 제6항 제3호), the period of parental leave is counted as days worked when calculating annual paid leave (연차유급휴가). The additional parental leave of up to 6 months is treated the same way. It is advisable to confirm your annual leave balance before returning to work.


Worried About Unemployment Benefits or Severance Pay Calculations?

If you resign rather than return to work after parental leave, complex calculations are needed — for example, whether the parental leave period is included in the severance pay (퇴직금) calculation period, and whether you meet the eligibility requirements for unemployment benefits (실업급여). You can use the unemployment benefit eligibility checker and severance pay calculator at Workbear (workbear.kr) to quickly confirm the figures for your specific situation.


This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.

Frequently Asked Questions

If I use parental leave for 18 months, can I also extend my reduced working hours for child-rearing?

No. According to the Ministry of Employment and Labor's administrative interpretation issued in June 2025, when calculating the extension of reduced working hours for child-rearing, only the unused portion of the basic 1-year parental leave is used as the basis. The additional 6-month extension of parental leave available under the proviso of Article 19, Paragraph 2 of the Act on Equal Employment and Support for Work-Family Reconciliation 남녀고용평등과 일·가정 양립 지원에 관한 법률 is not included in that calculation.

I applied for parental leave benefits more than 1 year after my parental leave ended. Can I still receive them?

In principle, it is very difficult. The Supreme Court Case No. 2018Du47264 held that Article 70, Paragraph 2 of the Employment Insurance Act 고용보험법 제70조 제2항 , which requires applications to be filed within 12 months of the end of parental leave, is a mandatory provision, meaning benefits cannot be received once that period has passed. However, courts have ruled differently in cases involving special circumstances such as split use of parental leave, so individual consultation with a certified labor attorney 노무사 is recommended.

Is the short-term parental leave introduced in August 2026 separate from the existing 18-month entitlement?

No, it is not separate. Short-term parental leave is a system that takes effect on August 20, 2026, allowing use once per year in units of one week, up to a maximum of 2 weeks. However, the period used is deducted from the existing parental leave entitlement 1 year or 18 months .

How is annual leave calculated during parental leave?

Under Article 60, Paragraph 6, Item 3 of the Labor Standards Act 근로기준법 제60조 제6항 제3호 , the period of parental leave is counted as days worked when calculating annual paid leave 연차유급휴가 . The additional parental leave of up to 6 months is treated the same way. It is advisable to confirm your annual leave balance in advance before returning to work.